- 36 - and pond should take into account the hours that petitioner and other individuals worked on the reservoir and pond and whether some portion of costs relating to the nonreservoir-unique equipment should be allocated to the reservoir and pond and therefore capitalized; (3) whether petitioner’s use of the Lear jet for petitioner’s business- and investment-related travel was excessive and unreasonable and therefore whether the expenses of the Lear jet are deductible under sections 162 or 212; and (4) whether any portion of petitioners’ residence in Orange, California, qualifies as a home office under section 280A and whether expenses relating thereto are deductible. A number of other issues are also addressed, but various adjustments that are still in dispute we do not address at this time. We believe that the parties should be able to settle the remaining issues. OPINION Timber Farm and Tahiti Property To be treated as a trade or business under section 162 or as a for-profit activity under section 212, taxpayers must be engaged in the activity in question with the good faith objective and actual purpose of making a profit. Jackson v. Commissioner, 864 F.2d 1521, 1525 (10th Cir. 1989), affg. 86 T.C. 492 (1986); Dreicer v. Commissioner, 78 T.C. 642, 643-644 (1982), affd. without opinion 702 F.2d 1205 (D.C. Cir. 1983).Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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